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35 Cards in this Set
- Front
- Back
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If writ not granted, lower court decision is final
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Writ of Certiorari
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Where case is first brought; deals in issues of fact
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District Court
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Deals with appeals and issues of law
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State court of appeals
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Second appellate review dealing with issues of law
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State Supreme Court
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Process to resolve disputes
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Civil Litigation
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Claims damages before court
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Plaintiff
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Defends against plaintiff
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Defendant
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Right of a court to hear & decide the case
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Jurisdiction
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Jurisdiction is needed over
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subject matter and either persons or property
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Wills & Trusts, Child Custody
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All in Probate Court
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Municipal Matters
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Municipal Courts
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Limited claims of usually $25,000 or less
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District Court
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Larger claims than 25,000$
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Circuit Court
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Three(fourish) bases Federal courts may hear cases
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-Cases in which the U.S. is a party to the suit
-Cases involving federal law -Cases involving citizens of different states -Amount in Controversy is for more than $75,000 |
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In rem jurisdiction
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The dispute between the parties is over property
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Quasi in rem jurisdiction
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Defendant’s property is attached to pay for unrelated matter
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Appropriate geographical location of the court that has jurisdiction
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Venue
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In controversial or well-publicized cases, defendants will ask for
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change of venue
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Either party may request a change of venue to a more convenient court that could hear the case.
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Doctrine of forum non conveniens
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Best way to discover the truth is through competing evidence
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Underlying belief
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What are nominal damages?
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Proves case to be true, but not damages
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If no further appeal is available, judgment becomes final
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res judicata
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Enforcement of judgment is through
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writ of execution
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A promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty
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Contract
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Everything is okay--all elements are there
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Valid
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One of elements is missing--lacks a requirement of a contract
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Void
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Is valid but capable of being voided by a circumstance
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Voidable
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Was initially valid, but not enforceable due to a change in law or it is held to violate public policy. No remedy.
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Unenforceable
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Reject the original offer but keep negotiations open by presenting new offer
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Counteroffers
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Something of value or something bargained for in exchange for a promise
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Consideration
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Discharge and payment accordingly
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Total performance
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Transfer of rights to another
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Assignment
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Transfer of duties to another
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delegation
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Performance is substantially less than the contract provides
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Material breach
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A party indicates inability or lack of desire to perform
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Anticipatory breach or repudiation
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